Article What just happened? The U.S. Supreme Court recently heard oral arguments in a case that could have significant ramifications for religious liberty. At issue in h is the question of whether it violates the religion clauses or the equal protection clause of the U.S. Constitution to invalidate a generally available and religiously neutral student-aid program simply because the program affords students the choice of attending religious schools. Although Montana’s program has been discontinued, 18 other states still have similar tax-credit scholarship programs. The decision by the Court could also have a broad-based effect on similar funding of religious schools. What is the case about? The Montana legislature created a scholarship program in 2015 that provided a dollar-for-dollar tax credit of up to $150 for individuals and businesses who donate to private scholarship organizations. The money donated to the scholarship organizations was used to provide scholarships for children to attend private schools, many of which were religious-based. Because the state constitution includes a ban on aid for churches and religious schools (such bans are often called Blaine Amendment; see below), the Montana Department of Revenue issued a rule that prohibited parents from using the scholarships at religious schools. Two […]
